Title 23.1 — Environmental Quality
18 chapters · 217 sections in this title.
N.D.C.C. § 23.1-13-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Adulterated", when used to describe any petroleum or alternative fuel product, means a petroleum or alternative fuel product that fails to meet the specifications prescribed by this chapter. 2. "Alterna…
N.D.C.C. § 23.1-13-02 Department to enforce law - Regulation of petroleum products
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This chapter must be enforced by the department. The department may adopt rules under chapter 28-32 for the interpretation of this chapter. 23.1-13-03. Sale of adulterated and misbranded gasoline, kerosene, tractor fuel, heating oil, diesel fuel, or lubricating oil prohibited. A …
N.D.C.C. § 23.1-13-04 Retail sale of alcohol-blended gasoline - Label requirements
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A dealer may not sell at retail alcohol-blended gasoline unless the dispensing unit and any price advertising bear the name of the alcohol blended with the gasoline if the alcohol-blended gasoline consists of one percent or more by volume of any alcohol. The disclosure must be in…
N.D.C.C. § 23.1-13-05 Retail sale of gasoline containing methyl tertiary butyl ether - Restriction
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A person may not sell, offer for sale, supply, or offer for supply gasoline that contains methyl tertiary butyl ether in quantities greater than five-tenths of one percent by volume. However, a person may ship gasoline containing methyl tertiary butyl ether within the state for d…
N.D.C.C. § 23.1-13-06 Retail sale of alternative fuels - Notice required
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A dealer may not sell at retail alternative fuel unless the dispensing unit and price advertising contains the name and main components of the alternative fuel or alternative fuel blend. The disclosure must follow the same labeling specifications that apply for petroleum-based fu…
N.D.C.C. § 23.1-13-07 Labeling gasoline containers - Gasoline pipeline
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Every package, barrel, filling station pump, and every tank wagon, truck, or car containing gasoline for sale or consignment or held with intent to sell or consign the same within this state or to transport it into this state must be clearly and distinctly stamped, labeled, or ta…
N.D.C.C. § 23.1-13-08 Labeling kerosene - Containers - Pipeline
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Every package, barrel, filling station pump, and every tank wagon, truck, or car containing kerosene for sale or consignment when held within this state or transported into this state must be clearly and distinctly stamped, labeled, or tagged with the word "kerosene". Every oil s…
N.D.C.C. § 23.1-13-09 Labeling tractor fuel
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Every package, barrel, pump, and every truck, tank wagon, or car containing tractor fuel oil, other than gasoline or kerosene, for sale or consignment, when held within this state or when being transported into this state must be clearly and distinctly tagged, marked, and labeled…
N.D.C.C. § 23.1-13-10 Labeling heating oil
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Every package, barrel, pump, and every tank wagon, truck, or car containing heating oil for sale or consignment, when held within this state or when being transported into this state, must be clearly and distinctly tagged, marked, or labeled with the designation of grade establis…
N.D.C.C. § 23.1-13-11 Labeling diesel fuel
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Every package, barrel, pump, and every tank wagon, truck, or car containing diesel fuel for sale or consignment, when held within this state or transported into this state, must be clearly and distinctly tagged, marked, or labeled with the designation "diesel fuel" together with …
N.D.C.C. § 23.1-13-12 Specifications for petroleum products - Tests used
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Specifications for gasoline, kerosene, tractor fuel, diesel oil, heating oil, lubricating oil, alternative fuels, and liquefied petroleum gases, including propane, propylene, normal butane or isobutane, and butylene, must be determined by the department and must be based upon nat…
N.D.C.C. § 23.1-13-13 How volume of heating oil determined
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In case of a dispute, heating oil must be sold on the basis of the United States gallon containing two hundred thirty-one cubic inches [3785.41 milliliters] at sixty degrees Fahrenheit [15.56 degrees Celsius]. The volume of the delivered oil; however, may be calculated from its w…
N.D.C.C. § 23.1-13-14 Department may prohibit sale of certain gasolines or motor fuels
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The department may prohibit the sale of any "gasoline improver" or motor fuel dope, oil additive, and of any gasoline mixed or compounded with any other chemical, substance, or solution which may be detrimental to the public health, injurious to internal combustion engines, or co…
N.D.C.C. § 23.1-13-15 Sale of prohibited gasolines - Penalty
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Any person violating any of the provisions of section 23.1-13-14 is guilty of a class B misdemeanor.
N.D.C.C. § 23.1-13-16 Inspection fees
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Every person licensed by the tax commissioner as a motor vehicle fuel or special fuels dealer shall pay to the tax commissioner an inspection fee of one-fortieth of one cent per gallon [3.79 liters] for every gallon [3.79 liters] of gasoline, kerosene, tractor fuel, heating oil, …
N.D.C.C. § 23.1-13-17 Report to tax commissioner of petroleum products - Contents
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No later than the twenty-fifth day of each calendar month, every person licensed by the tax commissioner as a motor vehicle fuel, special fuels, or liquefied petroleum wholesale dealer shall send to the tax commissioner a correct report of all purchases and sales of gasoline, ker…
N.D.C.C. § 23.1-13-18 Bond may be required of dealer in petroleum products
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The tax commissioner may require any person licensed by the tax commissioner as a motor vehicle fuel, special fuels, or liquefied petroleum wholesale dealer to furnish a surety bond payable to the state in the sum of five hundred dollars, or twice the amount of inspection fees du…
N.D.C.C. § 23.1-13-20 Penalties
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A person violating or failing to comply with any of the provisions of this chapter, or with any rule issued under this chapter, is, unless another penalty is specifically provided, guilty of a class B misdemeanor.